PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 25

No one may be subjected to torture, cruel, inhuman or degrading punishment or treatment.

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 27

1. No one's liberty may be taken away except in the cases and according to the procedures provided by law.

2. The liberty of a person may not be limited, except in the following cases:
a. when he is punished with imprisonment by a competent court;
b. for failure to comply with the lawful orders of the court or with an obligation set by law;
c. when there is a reasonable suspicion that he has committed a criminal offense or to prevent the commission by him of a criminal offense or his escape after its commission;
ç. for the supervision of a minor for purposes of education or for escorting him to a competent organ;
d. when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society; dh. for illegal entry at state borders or in cases of deportation or extradition.

3. No one may be deprived of liberty just because he is not in a state to fulfill a contractual obligation

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 28

1. Everyone whose liberty has been taken away has the right to be notified immediately, in a language that he understands, of the reasons for this measure, as well as the accusation made against him. The person whose liberty has been taken away shall be informed that he has no obligation to make a declaration and has the right to communicate immediately with his lawyer, and he shall also be given the possibility to exercise his rights.

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 28

2. The person whose liberty has been taken away, according to article 27, paragraph 2, subparagraph c, must be brought within 48 hours before a judge, who shall decide upon his pre-sentence detention or release not later than 48 hours from the moment he receives the documents for review.
3. A person in pre-sentence detention has the right to appeal the judge's decision. He has the right to be tried within a reasonable period of time or to be released on bail pursuant to law.
4. In all other cases, the person whose liberty is taken away extrajudicially may address a judge at any time, who shall decide within 48 hours regarding the legality of this action.
5. Every person whose liberty was taken away pursuant to article 27 has the right to humane treatment and respect for his dignity

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 30
Everyone is deemed innocent so long as his guilt is not proven by final judicial decision .

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 31
In a criminal proceeding, everyone has the right:

a. to be notified immediately and in detail of the charges against him, of his rights, and to have the possibility created to notify his family or relatives ;
b. to have sufficient time and facilities to prepare his defense;
c. to have the assistance of a translator without charge, when he does not speak or understand the Albanian language;
ç. to be defended by himself or with the assistance of a legal defender chosen by him; to communicate freely and privately with him, as well as to be provided free defense when he does not have sufficient means;
d.to question witnesses who are present and to seek the appearance of witnesses, experts and other persons who can clarify the facts .

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 32
1.No one may be compelled to testify against himself or his family or to confess his guilt.

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 33
1. Everyone has the right to be heard before being sentenced.
2. A person who is evading justice may not take advantage of this right

Article 35

1 No one may be compelled, except when the law requires it, to make public data related to his person.
2 The collection, use and making public of data about a person is done with his consent, except for the cases provided by law.
3 Everyone has the right to become acquainted with data collected about him, except for the cases provided

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 35

1 No one may be compelled, except when the law requires it, to make public data related to his person.
2 The collection, use and making public of data about a person is done with his consent, except for the cases provided by law.
3 Everyone has the right to become acquainted with data collected about him, except for the cases provided

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.